Ninth Circuit· 5/6/2016

Kirk Rishor v. Bob Ferguson

Citations

822 F.3d 482
94 Fed. R. Serv. 3d 1161
2016 U.S. App. LEXIS 8403
2016 WL 2610176

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding that the rule against successive petitions applies to 28 Rule 59(e) motions in the habeas context only when the motion raises entirely new claims
determining that the petitioner’s collateral 20 attacks were procedurally barred after finding the petitioner had knowingly, intelligently, 21 and voluntarily plead guilty to the alleged crimes
explaining that Tollett bars 8 any double jeopardy claim where petitioner pleaded guilty unless petitioner 9 alleges and proves that plea was not knowing and voluntary
holding failure to obtain appellate authorization for successive petition is jurisdictional
observing that Faretta is silent on whether a defendant who has waived his right to counsel is entitled to a second Faretta 2 Faretta v. California, 422 U.S. 806 (1975). SUPREME COURT OF NEVADA 2 (0) 1947A e canvass on remand
“A petitioner's failure to seek such authorization from the appropriate appellate court before filing a second or successive habeas petition acts as a jurisdictional bar.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Hawkins, Tallman, Lefkow

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Cited by

4 cases in this archive cite this case.

Cites

45 cases in this archive are cited by this case; the 20 most cited are listed.

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